Applicant Name:  ?????

Application Receipt Date: 2012/03/28	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that she requests an upgrade of her discharge to fully honorable.  She contends she was unfairly denied her benefits due to the discharge she received.   

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 110329
Discharge Received: 			   Date: 110425   Chapter: 5-8       AR: 635-200
Reason: Parenthood	   RE:     SPD: JDG   Unit/Location: HHC, 4th EN Bn, Fort Carson, CO 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 110210, she was disresppectful in language toward a superior noncommissioned officer (SFC) (110131); and willfully disobeyed a lawful order from a superior noncommissioned officer (SFC) x 2 (110131. 110131); reduction to E-1 and extra duty for 45 days, (FG).

100803, without authority, absented herself from her unit AWOL (100707-100708); reduction to E-2, forfeiture of $378 pay x 1 month, and extra duty for 14 days (suspended), (CG).  

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  26
Current ENL Date: 081028    Current ENL Term: 04 Years  ?????
Current ENL Service: 	02  Yrs, 05  Mos, 28  Days ?????
Total Service:  		02  Yrs, 05  Mos, 28  Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 68W10 Health Care Spec   GT: 105   EDU: GED   Overseas: Southwest Asia   Combat: Afghanistan (090928-100216)
Decorations/Awards: NDSM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:     
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation
       a.  Facts and Circumstances:
       The evidence of record shows that on 29 March 2011, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5, paragraph 5-8, AR 635-200, by reason of parenthood for being counseled regarding her responsibilities for establishing and maintaining a valid Family Care Plan ((110121); waiving the time allowed for producing a valid Family Care Plan and stating she was unable to produce a valid plan (110217); disobeying a superior noncommissioned officer on numerous  occasions (110131); failing to be at her appointed place of duty x 2  (101119, 101110); failing to pay AAFES $282.27 (101109); and failing to maintain positive control of her military ID card (101021), with a general, under honorable conditions discharge.  She was advised of her rights.  
       On 29 March 2011, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in her own behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a fully honorable discharge. 
       
       On 5 April 2011, the separation authority waived further rehabilitative efforts and directed the applicant's discharge with a characterization of service of general, under honorable conditions.  The applicant was not transferred to the U.S. Army Reserve (IRR).

       b.  Legal Basis for Separation:  
       Army Regulation 635-200, provides the basic authority for the separation of enlisted personnel.  Paragraph 5-8 provides that a Soldier may be separated when parental obligations interfere with fulfillment of military responsibilities.  Specific reasons for separation because of parenthood include inability to perform prescribed duties satisfactorily, repeated absenteeism, late for work, inability to participate in field training exercises or perform special duties such as CQ and Staff Duty NCO, and non-availability for worldwide assignment or deployment according to the needs of the Army.  Unless the reason for separation requires a specific characterization, a Soldier being separated for the convenience of the government will be awarded a character of service of honorable, general under honorable conditions or an uncharacterized description of service if in entry-level status.  No Soldier will be awarded a characterization of service under honorable conditions under this Chapter unless the Soldier is notified of the specific factors in his/her service record that warrant such a characterization, using the notification procedure.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records during the period of enlistment under review, the  issues and documents submitted wih the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge.  
       
       The applicant was discharged for her inability to perform prescribed duties due to parenthood under the provisions of Chapter 5, paragraph 5-8, AR 635-200.  This involuntary separation was appropriate since the command determined the applicant’s parental obligations interfered with the fulfillment of military responsibilities and she was properly informed as to the specific factors in her service record that would warrant such a characterization of service. 
       
       The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 
       
       The applicant contends she was unfairly denied her benefits due to the discharge she received.  Eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.
       
       Further, the analyst found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  
       
       Therefore, the analyst determined that the reason for discharge and characterization of service were both proper and equitable and recommends to the Board that relief be denied.
       
       
       
       
       
       
       
       
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 7 September 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, undated; Self-Authored Statement, three (3) pages, undated; two (2) Supporting Statements, dated  (120111, undated); DD Form 214, dated (110425); Medical Documents, seven (7) pages; Chapter 5 Discharge Packet, seventy-one pages. 

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief.  
        
IX.  Board Decision						
Board Vote:
Character - Change 0    No change 5
Reason -     Change 0    No change 5
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: No Change
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: None

XI.  Certification Signature
Approval Authority:




ARCHIE L. DAVIS III
Colonel, U.S. Army
President, Army Discharge Review Board




BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary Recorder
?????


Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20120006228
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